McCue v. Superior Court

California Supreme Court

McCue v. Superior Court

12 P. 615, 71 Cal. 545, 1887 Cal. LEXIS 418

CourtCalifornia Supreme Court

DecidedJanuary 14, 1887

DocketNo. 11802

StatusPublished

Cited by7 cases

This text of 12 P. 615 (McCue v. Superior Court) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McCue v. Superior Court, 12 P. 615, 71 Cal. 545, 1887 Cal. LEXIS 418 (Cal. 1887).

Pincite

Opinion

The Court.

The writ must be dismissed. The writ will not lie where there is an appeal, and if there is an appeal, but the time for taking it has elapsed, the writ . will not lie. (In re Stuttmeister, ante, p. 322; Miliken v. Huber, 21 Cal. 166; Bennett v. Wallace, 43 Cal. 25.)

Writ dismissed.

McFarland, J., concurring.

I concur in the judgment; but in my opinion there might be a case where, on account of unusual circumstances, a writ of review' would lie although there had been, at one time, a right of appeal, — as intimated in Kimple v. Superior Court of San Francisco, 55 Cal. 136.

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